LEGAL FRAMEWORKS FOR THE USE OF ARTIFICIAL INTELLIGENCE IN THE JUDICIAL SYSTEM
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 75)Publication Date: 2024-05-31
Authors : Kovalchuk Olha;
Page : 21-27
Keywords : artificial intelligence; justice system; legal regulation; digitalization of justice; ethical norms; data protection; court; confidentiality;
Abstract
Introduction. The rapid development of artificial intelligence (AI) necessitates its legal regulation in various fields, including the judicial system. The use of AI in court proceedings can increase efficiency, consistency, and accessibility of justice on the one hand, but also carries risks of bias, violation of human rights, and limitation of fair trial on the other. To ensure a balance between the benefits and challenges of AI, clear legal frameworks need to be developed to regulate the ethical aspects, transparency requirements, accountability, and security of such systems. Purpose. To determine a balanced approach to the legal regulation of the use of artificial intelligence in the judicial system, which will allow for maximizing its benefits while protecting human rights and the rule of law. Materials and Methods. The study is based on the analysis of scientific publications, international documents, national legislation of different countries, and approaches to AI regulation. Comparative analysis, generalization, and systematization of information methods were used. Results. The study revealed an urgent need for legal regulation of the use of AI in the judicial system. At the international level, there are only advisory documents from UNESCO, OECD, NATO, and other organizations, but no mandatory universal legislation. Different countries are developing their own approaches to AI regulation, with the US and China being the leaders. In Ukraine, there is no special legal act regulating the use of AI in the judicial system. The current legislation contains only fragmentary mentions of IT in courts. For the proper implementation of AI in the judicial system of Ukraine, it is necessary to develop a comprehensive legal act regulating the use of AI in the judicial sphere based on the principles of human rights protection, transparency, impartiality, accountability, and ethics. It is also necessary to define the areas and processes where AI can be applied, establishing requirements and standards for algorithms, models, and data for AI systems in courts. It is important to provide guarantees against discrimination, privacy violations, bias, and errors of AI systems, as well as to establish mechanisms of legal liability for developers, providers, and users of AI in the judicial sphere. Additionally, procedures for verification, certification, auditing, and monitoring of AI systems for courts should be regulated, and legislation should be adapted to EU norms for the integration of court IT systems with European ones. Discussion. At the international level, it is advisable to develop a universal convention on AI regulation or an additional protocol to existing human rights conventions to establish mandatory minimum standards for AI regulation. Further research should focus on analyzing the effectiveness of different approaches to AI regulation and studying best practices, as well as an indepth study of specific challenges and risks of using AI in various court proceedings to develop more detailed recommendations.
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Last modified: 2024-12-17 21:56:23